Legal Ethics Chapter I – Lawyer and Society

LEGAL ETHICS – is a branch of moral science, which treats of the duties which an attorney owes to the court, to the
client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code
of Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral laws and special laws.
Original Bases of Legal Ethics:
1. Canons of Professional Ethics
2. Supreme court Decisions
3. Statistics
4. Constitution
5. Treatises and publications
Present Basis of the Philippine Legal System: Code of Professional Responsibility.
BAR V. BENCH
BAR – Refers to the whole body of attorneys and body of judges.
BENCH – denotes the whole body of counselors, collectively the members of

the legal profession.

Practice of Law – any activity, in or out of court which requires the application of law, legal procedure, knowledge,
training and experience. To engage in the practice of law is to give notice or render any kind of service, which or
devise or service requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210).
Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros: that class of persons who are licensed
officers of the courts, empowered to appear prosecute and defend and upon whom peculiar duties, responsibilities,
and liabilities are developed by law as a consequence (Cui v. Cui, 120 Phil. 729).
Attorney in fact – an agent whose authority is strictly limited by the instrument appointing him, though he may do
things not mentioned in his appointment necessary to the performance of the duties specifically required of him by
the power of attorney appointing him, such authority being necessarily implied. He is not necessarily a lawyer.
Counsel de Oficio – a counsel, appointed or assigned by the court, from among members of the Bar in good standing
who, by reason of their experience and ability, may adequately defend the accused.
Note: In localities where members of the Bar are not available, the court may appoint any person, resident of the
province and good repute for probity and ability, to defend the accused. Sec. 7, Rule 116, Rules of Court.
Attorney ad hoc – a person named and appointed by the court to defend an absentee defendant in the suit in which
the appointment is made (Bienvenu v. Factor’s of Traders Insurance Cp., 33 La.Ann.209)
Attorney of Record – one who has filed a notice of appearance and who hence is formally mentioned in court records
as the official attorney of the party. Person whom the client has named as his agent upon whom service of papers
may be made.
(Reynolds v. Reynolds, Cal.2d580).
Of Counsel – to distinguish them from attorneys of record, associate attorneys are referred to as “of counsel” (5 Am.
Jur. 261).
Lead Counsel – The counsel on their side of a litigated action who is charged with the principal management and
direction of a party’s case.
House Counsel – Lawyer who acts as attorney for business though carried as an employee of that business and not as
an independent lawyer.
Bar Association – an association of members of the legal profession.
Advocate – The general and popular name for a lawyer who pleads on behalf of someone else.
Barrister (England) – a person entitled to practice law as an advocate or counsel in superior court.
Proctor (England) – Formerly, an attorney in the admiralty and ecclesiastical courts whose duties and business
correspond to those of an attorney at law or solicitor in Chancery.
Titulo de Abogado – it means not mere possession of the academic degree of Bachelor of Laws but membership in
the Bar after due admission thereto, qualifying one for the practice of law.
Admission to the Practice of Law
The Supreme Court has the power to control and regulate the practice of law. Thus, the Constitution, under Article
VIII, Sec. 5 (5) provides:
 Sec. 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and
procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the under
privileged.
The Supreme Court acts through a Bar Examination Committee in the Exercise of his judicial function to admit
candidates to the legal profession.
The Bar Examination Committee:
 Composed of (1) member of the Supreme Court who acts as Chairman and eight (8) members of the bar.
 The 8 members act as examiners for the 8 bar subjects with one subject assigned to each.
 The Bar Confidant acts as a sort of liason officer between the court and the Bar Chairman on the other hand, and
the individual members of the committee on the other. He is at the same time a deputy clerk of court.
 Admission of examinees is always subject to the final approval of the court.
Practice of Law
The practice of law is a privilege granted only to those who possess the STRICT INTELLECTUAL AND MORAL
QUALIFICATIONS required of lawyers who are instruments in the effective and efficient administration of justice. (In
Re: Argosino, 1997).
Requirements for admission to the Bar:
1. citizen of the Philippines
2. at least 21 years old
3. of good moral character
4. Philippine resident
5. Production before the supreme court satisfactory evidence of:
1. good moral character
2. no charges against him, involving moral turpitude, have been filed or are pending in any court in the
Philippines.
Requirement of Good Moral Character: a continuing requirement; good moral character is not only a condition
precedent for admission to the legal profession, but it must also remain intact in order to maintain one’s good
standing in that exclusive and honored fraternity. (Tapucar vs. Tapucar, 1998)
Academic Requirements for Candidates:
1. a bachelor’s degree in arts and sciences (pre-law course)
2. a completed course in:
1. civil law
2. commercial law
3. remedial law
4. public international law
5. private international law
6. political law
7. labor and social legislation
8. medial jurisprudence
9. taxation
10. legal ethics
Non-lawyers who may be authorized to appear in court:
1. Cases before the MTC: Party to the litigation, in person OR through an agent or friend or appointed by him for that
purpose (Sec. 34, Rule 138, RRC)
2. Before any other court: Party to the litigation, in person (Ibid.)
3. Criminal case before the MTC in a locality where a duly licensed member of the Bar is not available: the judge may
appoint a non-lawyer who is:
1. resident of the province
2. of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC).
4. Legal Aid Program – A senior law student, who is enrolled in a recognized law school’s clinical education program
approved by the supreme Court may appear before any court without compensation, to represent indigent clients,
accepted by the Legal Clinic of the law school. The student shall be under the direct supervision and control of an
IBP member duly accredited by the law school.
5. Under the Labor code, non-lawyers may appear before the NLRC or any Labor Arbiter, if
1. they represent themselves, or if
2. they represent their organization or members thereof (Art 222, PO 442, as amended).
 6. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act no. 2259, Sec. 9).
Public Officials who cannot engage in the private practice of Law in the Philippines:
1. Judges and other officials as employees of the Supreme Court (Rule 148, Sec. 35, RRC).
2. Officials and employees of the OSG (Ibid.)
3. Government prosecutors (People v. Villanueva, 14 SCRA 109).
4. President, Vice-President, members of the cabinet, their deputies and assistants (Art. VIII Sec. 15, 1987
Constitution).
5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution)
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)
7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
8. Those prohibited by special law
Public Officials with Restrictions in the Practice of Law:
1. 1. No Senator as member of the House of Representative may personally appear as counsel before any court of
justice as before the Electoral Tribunals, as quasi-judicial and other administration bodies (Art. VI, Sec. 14, 1987
Constitution).
2. Under the Local Government Code (RA 7160, Sec. 91)Sanggunian members may practice their professions provided
that if they are members of the Bar, they shall not:
1. appear as counsel before any court in any civil case wherein a local government unit or any office, agency,
or instrumentality of the government is the adverse party;
2. appear as counsel in any criminal case wherein an officer or employee of the national or local government is
accused of an offense committed in relation to his office;
3. collect any fee for their appearance in administrative proceedings involving the local government unit of
which he is an official;
4. use property and personnel of the government except when the Sanggunian member concerned is defending
the interest of the government.
3. Under RA 910, Sec. 1, as amended, a retired justice or judge receiving pension from the government, cannot act as
counsel in any civil case in which the Government, or any of its subdivision or agencies is the adverse party or in a
criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office.
Attorney’s Oath:
“I, __________________, do solemnly swear that I will maintain allegiance to the Republic of the
Philippines; I will support its constitution and obey the laws as well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not willingly nor wittingly
promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for
money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all
good fidelity as well to the court as to my clients; and I impose upon myself this voluntary obligations without any
mental reservation or purpose of evasion. So help me God.” (Form 28, RRC)
Nature of Lawyer’s Oath
 The lawyer’s oath is not mere facile words, drift and hollow, but a sacred trust that must be upheld and kept
inviolable. (Sebastian vs. Calis, 1999)
 It is NOT a mere ceremony or formality for practicing law. Every lawyer should at all times weigh his actions
according to the sworn promises he made when taking the lawyer’s oath. (In Re: Argosino, 1997, In Re: Arthur M.
Cuevas, 1998)
Legal Ethics – Liabilities of Lawyers &
Administrative Liabilities of Lawyers

Liabilities of Lawyers
 Civil Liability
1. Client is prejudiced by lawyer’s negligence or misconduct
2. Breach of fiduciary obligation
3. Civil liability to third persons
4. Libelous words in pleadings; violation of communication privilege
5. Liability for costs of suit (treble costs) – when lawyer is made liable for insisting on client’s patently unmeritorious
case or interposing appeal merely to delay litigation
 Criminal Liability
1. Prejudicing client through malicious breach of professional duty
2. Revealing client’s secrets
3. Representing adverse interests
4. Introducing false evidence
5. Misappropriating client’s funds (estafa)
 Contempt of Court
a. Kinds of Contempt:
 Direct – consists of misbehavior in the presence of or so near a court or judge as to interrupt or obstruct the
proceedings before the court or the administration of justice; punished summarily.
 Indirect – one committed away from the court involving disobedience of or resistance to a lawful writ, process,
order, judgment or command of the court, or tending to belittle, degrade, obstruct, interrupt or embarrass the
court.
 Civil- failure to do something ordered by the court which is for the benefit of a party.
 Criminal – any conduct directed against the authority or dignity of the court.
b. Acts Constituting Contempt:
1. Misbehavior
2. Disobedience
3. Publication concerning pending litigation
4. Publication tending to degrade the court; disrespectful language in pleadings
5. Misleading the court or obstructing justice
6. Unauthorized practice of law
7. Belligerent attitude
8. Unlawful retention of client’s funds

Administrative Liabilities of lawyers

 Main Objectives of Disbarment and Suspension:
1. to compel the attorney to deal fairly and honestly with his clients;
2. to remove from the profession a person whose misconduct has proved him unfit to be entrusted with the duties and
responsibilities belonging to the office of an attorney;
3. to punish the lawyer;
4. to set an example or a warning for the other members of the bar;
5. to safeguard the administration of justice from incompetent and dishonest lawyers;
6. to protect the public

 Characteristics of Disbarment Proceedings:

1. Neither a civil nor criminal proceedings;
2. Double jeopardy cannot be availed of in a disbarment proceeding;
 3. It can be initiated motu propio by the SC or IBP. It can be initiated without a complaint;
4. It is imprescriptible;
5. Conducted confidentially;
6. It can proceed regardless of the interest of the lack thereof on the part of the complainant;
7. It constitutes due process.

 Grounds for Disbarment or Suspension:

1. deceit;
2. malpractice or other gross misconduct in office;
3. grossly immoral conduct;
4. conviction of a crime involving moral turpitude;
5. violation of oath of office;
6. willful disobedience of any lawful order of a superior court;
7. corrupt or willful appearance as attorney for a party to case without authority to do so (Sec. 27, Rule 138, RRC)

 Procedure for Disbarment

1. Institution either by:
2. the Supreme Court, motu proprio, or
3. the IBP, motu proprio, or
4. upon verified complaint by any person
5. Six copies of the verified complaint shall be filed with the Secretary of the IBP or Secretary of any of its chapter and
shall be forwarded to the IBP Board of Governors.
6. Investigation by the National Grievance Investigators.
7. Submission of investigative report to the IBP Board of Governors.
8. Board of Governors decides within 30 days.
9. Investigation by the Solicitor-General
10. SC renders final decision for disbarment/suspension/dismissal.

Quantum of Proof Required: CLEAR, CONVINCING & SATISFACTORY evidence.

Burden of Proof:Rests on the COMPLAINANT, the one who instituted the suit

 Officers authorized to investigate Disbarment cases:

1. Supreme Court
2. IBP through its Commission on Bar Discipline or authorized investigator
3. Office of the Solicitor General

 Mitigating Circumstances in Disbarment:

1. Good faith in the acquisition of a property of the client subject of litigation (In re: Ruste, 70 Phil. 243)
2. Inexperience of the lawyer (Munoz v. People, 53 SCRA 190)
3. Age (Lantos v. Gan, 196 SCRA 16)
4. Apology (Munoz v. People, 53 SCRA 190)
Lack of Intention to slight or offend the Court (Rhum of the Philippines, Inc. v. Ferrer, 20 SCRA 441).
Source:
Legal Ethics Reviewer
Ateneo